- (1.) Since all the above writ petitions arise out of the same cause, hence all the three writ petitions are being taken up together for disposal.
(2.) Heard Shri Ashok Khare assisted by Shri J.P. Singh for the petitioner and Shri A.K. Yadav, learned counsel for the respondents.
(3.) There is an Institution by the name of Sri Agrasen Kanya Inter College, Azamgarh (the College). It is stated that there are six sanctioned post of Assistant Teachers in the Primary Section of the College as determined by the District Inspector of Schools, Azamgarh (DIOS) and the Finance and Accounts Officer, as per Annexure-1 to the writ petition. Six Assistant Teachers, namely, Smt. Geeta Agrawal, Smt. Asha Agrawal, Smt. Malti Yadav, Smt. Madhu Malti Singh, Smt. Neelam Rai and Smt. Asha Asthana were given promotion in the L.T. Grade in the primary Section of the College in the year 2009. Subsequently in terms of the G.O. dated 25.5.2012 the Manager of the College submitted an application on 29.8.2012 before the DIOS seeking permission to fill up six vacant posts. The DIOS by his order dated 5.9.2012, Annexure-4 to the writ petition, granted permission to fill up six vacant post arising on account of promotion to the L.T. Grade. In paragraph 9 of the writ petition it is stated that the Manager advertised two vacancies in two newspapers, namely, Dainik Swatantra Chetna and Pioneer on 7.9.2012. It was made clear that the selection shall adhere strictly to the Rules of Reservation. The last date for submitting application form was 30.5.2012 and at the same time the Selection Committee was constituted. The Selection Committee on the basis of quality point marks selected Smt. Usha Devi w/o Sri Rajesh Kumar, Smt. Vijay Laxmi Yadav w/o Sri Tribhuvan Yadav, Smt. Neera Singh w/o Sri Onkar Singh, Smt. Surabhi Agrawal w/o Sri Atul Kumar, Smt. Rachna Rai w/o Sri Ritesh Rai, Smt. Anamika Srivastava D/o Sri Ashwani Srivastava. Thereafter the selection papers were forwarded to the DIOS through letter of the Manager dated 4.12.2012 for grant of financial approval to the appointment of the above six persons. In the meantime the Regional Level Committee on its own reviewed the existing strength of students and determined that only two posts of Assistant Teachers are permissible for appointment and granted approval to selection of only two candidates, namely, Smt. Neera Singh (General Category) and Smt. Vijay Laxmi Yadav (OBC)by his order dated 24.1.2013. The candidature of other four persons was not approved by the DIOS on the ground that as per Student-Teacher ratio for 60 students only one teacher was permitted from Class I to V. In the meantime W.P. No. 24751 of 2013 was filed by Smt. Rachana Rai and Smt. Usha Devi seeking quashing of the order dated 22.1.2013 passed by the Regional Level Committee and order of the DIOS dated 24.1.2013. In this writ petition, this Court on 2.5.2013 passed the following order: "Let respondent no. 2 and 3 appear before this Court with all original records on 21st May, 2013 and disclose to this Court as to on what basis it has been decided that the two posts will be filled up, by OBC and General candidate and how such reservation has been applied. Put up on 21st May 2013.";